What's happening
This bill amends the executive law to clarify court action rights and timelines for individuals with dismissed human rights complaints.
Why it matters
Clarifies and expands individual rights. The bill specifies that if a human rights complaint is dismissed for administrative convenience, untimeliness, or annulled election of remedies, the person can still sue in court, ensuring dismissed cases don’t bar access to legal recourse.
Creates a clear three-year window. Individuals whose complaints are dismissed for administrative convenience now have a set three-year period after dismissal to file a lawsuit, providing certainty and preventing indefinite legal limbo.
Aligns timelines and remedies. The bill aligns the statute of limitations for court action with the date the complaint was first filed, preventing loss of rights due to bureaucratic delays and ensuring fair access to the courts.
Ensures legal representation. The bill requires that, after a probable cause finding in housing discrimination cases, a Division of Human Rights attorney (or, with permission, the complainant’s attorney) must present the case in court, strengthening support for complainants and potentially improving outcomes.
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Who cares
Headline styles
Extend Discrimination Lawsuit Deadline
Plain English, a few words. Used as the page title.
Sponsors
1 Multi-sponsor
History
- Ordered to third reading cal.164
- Advanced to third reading cal.138
- Reported
- Referred to governmental operations
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2189
2017-2018 Regular Sessions
IN ASSEMBLY
January 17, 2017
Introduced by M. of A. PEOPLES-STOKES -- read once and referred to the Committee on Governmental Operations
AN ACT to amend the executive law, in relation to institution of court actions
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 9 of section 297 of the executive law, as amended by section 16 of part D of chapter 405 of the laws of 1999, is amended to read as follows:
9. Any person claiming to be aggrieved by an unlawful discriminatory practice shall have a cause of action in any court of appropriate jurisdiction for damages, including, in cases of housing discrimination only, punitive damages, and such other remedies as may be appropriate, including any civil fines and penalties provided in subdivision four of this section, unless such person had filed a complaint [hereunder] pursuant to this section or with any local commission on human rights, or with the superintendent pursuant to the provisions of section two hundred ninety-six-a of this [chapter,] article; provided that, where the division has dismissed such complaint on the grounds of administrative convenience, on the grounds of untimeliness, or on the grounds that the election of remedies is annulled, such person shall maintain all rights to bring suit as if no complaint had been filed with the division and may bring such suit within three years after any such dismissal for administrative convenience. At any time prior to a hearing before a hearing examiner, a person who has a complaint pending at the division may request that the division dismiss the complaint and annul his or her election of remedies so that the human rights law claim may be pursued in court, and the division may, upon such request, dismiss the complaint on the grounds that such person's election of an administrative remedy is annulled. Notwithstanding subdivision (a) of section two hundred four of the civil practice law and rules, if a complaint is so annulled by
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05549-01-7
A. 2189 2
the division, upon the request of the party bringing such complaint before the division, such party's rights to bring such cause of action before a court of appropriate jurisdiction shall be limited by the statute of limitations in effect in such court at the time the complaint was initially filed with the division. Any party to a housing discrimination complaint shall have the right, within twenty days following a determination of probable cause pursuant to subdivision two of this section, to elect to have an action commenced in a civil court, and an attorney representing the division of human rights [will] shall be appointed to present the complaint in court[,] or, with the consent of the division, the case may be presented by complainant's attorney. A complaint filed by the equal employment opportunity commission to comply with the requirements of 42 USC 2000e-5(c) and 42 USC 12117(a) and 29 USC 633(b) shall not constitute the filing of a complaint within the meaning of this subdivision. No person who has initiated any action in a court of competent jurisdiction or who has an action pending before any administrative agency under any other law of the state based upon an act which would be an unlawful discriminatory practice under this article[,] may file a complaint with respect to the same grievance under this section or under section two hundred ninety-six-a of this article.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.